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Bellard v. Seale Guest House10/30/2002
REVERSED AND REMANDED.
Russell Bellard appeals the dismissal of his workers' compensation suit on an exception of prescription. Because this case presents issues that cannot be resolved on the scant appellate record before us, we reverse and remand for further proceedings.
Discussion of the Record
Mr. Bellard was allegedly injured on December 19, 1996 as the result of his employment with the Seale Guest House in Eunice, Louisiana. He filed suit one year later, on December 19, 1997. However, a minute entry dated May 28, 1998 provides that the claim was dismissed for "Failure to Prosecute." The record does not contain either the original disputed claim or a judgment of dismissal, but representations in subsequent pleadings and in the parties' briefs indicate that the claim was dismissed because Mr. Bellard failed to attend a pre-trial conference.
On February 8, 1999, Mr. Bellard filed a "Motion to Fix for Hearing," but this request was denied based upon the prior dismissal. On June 15, 1999, Mr. Bellard filed a "Motion for Reinstatement of Claim," alleging that he did not receive proper notice of the conference and that the proper defendant had not been made a party to the suit at the time of that conference. The motion also requested that "the Estate of Olive Seale Gil" be added as a Defendant. An order reinstating Mr. Bellard's claim was signed that same date.
On October 22, 1999, Mr. Bellard filed another disputed claim adding as a Defendant "Mark Seale d/b/a Seale Guest House." That petition describes the facts of an accident occurring on November 13, 1996, but having a "Date of Injury /Illness" as "12-19-96." On December 9, 1999, Mr. Bellard moved to amend his petition to add "Mark Seale and Jennifer Seale" as Defendants. Jennifer Seale and Mark Seale filed separate exceptions of prescription on August 31, 2001 and October 25, 2001, respectively. After a hearing, the workers' compensation judge granted both exceptions, reasoning that Mr. Bellard's initial petition did not interrupt prescription because that suit was later dismissed for failure to prosecute. Mr. Bellard appeals, arguing that the workers' compensation judge erred in not considering that his suit had been reinstated. He further argues that his suit had not met the statutory criteria for abandonment.
Opinion
The prescriptive period for Mr. Bellard's claim is found in La.R.S. 23:1209(A) (footnote omitted) (emphasis added), which provides:
In case of personal injury , including death resulting therefrom, all claims for payments shall be forever barred unless within one year after the accident or death the parties have agreed upon the payments to be made under this Chapter, or unless within one year after the accident a formal claim has been filed as provided in Subsection B of this Section and in this Chapter. Where such payments have been made in any case, the limitation shall not take effect until the expiration of one year from the time of making the last payment, except that in cases of benefits payable pursuant to R.S. 23:1221(3) this limitation shall not take effect until three years from the time of making the last payment of benefits pursuant to R.S. 23:1221(1), (2), (3), or (4). Also, when the injury does not result at the time of, or develop immediately after the accident, the limitation shall not take effect until expiration of one year from the time the injury develops, but in all such cases the claim for payment shall be forever barred unless the proceedings have been begun within two years from the date of the accident.
The amending petitions adding Mark Seale and Jennifer Seale as Defendants in October and November of
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